Flood Re Insurance Scheme

John Stevenson Excerpts

Tuesday 6th December 2016 Westminster Hall

[John Stevenson (Carlisle) (Con)]

I beg to move,

That this House has considered the Flood Re insurance scheme.

It is a pleasure to serve under your chairmanship today, Mr Hollobone. I am delighted to have the opportunity to move the motion.

Back in 2005, Carlisle was badly affected by floods, following which substantial investment was made in flood defences. By December 2015, the view was that Carlisle was probably safe from further floods and would not be affected. Exactly one year ago today, however, Storm Desmond struck the United Kingdom and in particular Cumbria. It was an extraordinary weather event, and the floods had a profound effect on our city.

For the record, the emergency services were absolutely brilliant. We must also recognise the contribution of individuals—friends, families, strangers—and communities. They all did a terrific job. I acknowledge, too, the contribution of Government. Central Government and local government rose equally to the challenge of the times, giving great support, manpower and assistance to the community.

To give one small example, the week after the floods I asked the then Chancellor at Prime Minister’s questions if he would support the Cumbria Community Foundation. He indicated that he would match any funding raised. The foundation subsequently raised £5 million, which meant that, with the matched funding from central Government, £10 million was available, helping people enormously throughout Cumbria to recover from the floods. Work by the Environment Agency and the Cumbria Community Foundation is still going on, and people are gradually getting back into their homes. For the future, the Government have also committed a further £25 million to flood defences, which I am sure the EA will invest in and around Carlisle over the next few years.

What of the impact of Storm Desmond? From a Carlisle perspective—not even Cumbria, just Carlisle—more than 2,000 individual homes were directly affected. The knock-on impact on families, friends and the wider city was considerable. Furthermore, hundreds of businesses were affected, ranging from small, one or two-employee businesses to large factories such as McVitie’s, which has more than 800 staff—I am delighted that it is back up in production now.

Nor should we forget the side effects of the floods on sporting facilities. Carlisle lost its tennis, rugby, squash, football, cricket, bowls and athletics facilities. The impact of that on the wider community is quite extraordinary. Furthermore, many people do not appreciate that three secondary schools were also affected. One of them has closed at its original site and is looking to move to a different location. The impact on Carlisle, its community, individuals, families, businesses, schools and social clubs, can therefore be appreciated. The effect was dramatic and is still ongoing.

It is important to set the scene for the Minister and explain what happened in Carlisle as a result of the floods then and subsequently. However, the purpose of today’s debate is to address one particular aspect of flooding, namely Flood Re, which I will talk about from my perspective. A number of my colleagues are present today, and they will have their own views and issues to do with their own local communities, including the impact that Flood Re may or may not have had on individual households and the wider community.

For the record, Flood Re was an excellent bit of thinking by the Government and the insurance industry. Overall, it has been a great success. It took a number of years to get there; nevertheless, it was an inspired bit of thinking by the industry and Government, which reached a sensible compromise that has been hugely beneficial to many people up and down the country. The statistics are starting to tell the story about the number of people who managed to get insurance under the Flood Re regime.

An important thing from the Carlisle perspective was that the 2015 floods came, in many respects, unexpectedly—given what had happened in 2005 and the subsequent work on flood defences. At the time the community was badly affected and morale was low, but the one thing that gave people a little confidence was that through the Flood Re scheme they knew they could get insurance. That was vital for individuals and householders. I congratulate the Government and the insurance industry on Flood Re, because it is a job well done.

Therefore I am not here to be negative; I am here to be constructive. As with any new idea or piece of legislation passed by the House, however, sometimes issues can be overlooked, particular circumstances not taken into consideration, or judgment calls by the Government or the industry might need some adjustment or further thought. Perhaps the Government need to review the Flood Re regime and make some adjustment to it for the future.

I will concentrate on the specific issue of long leaseholders, although I accept that there are other issues with regards to leaseholds and so on. For example, there is what I call the accidental landlord—someone who for whatever reason, perhaps a job, might have to move to a different part of the country. Such people might not be able to sell their house, or they do not want to because they intend to move back to the area, so they lease the property out while purchasing or living elsewhere. That is clearly an issue, because they would not be able to get Flood Re insurance for the house they have vacated. That is a side issue for me, today in particular, but it is worth the Government looking at it.

I will concentrate on the long leaseholder. The purpose of Flood Re, as I understand it, is to help owner-occupiers—those who own their own principal private residence—not commercial owners. I fully understand the thinking about commercial owners, and in many respects I accept that.

[Seema Kennedy (South Ribble) (Con)]

I thank my hon. Friend for securing the debate. He is always a great champion of Carlisle and the north-west. May I make a point about non-commercial, community assets? On Boxing Day in my constituency, the village of Croston was badly flooded by Storm Eva, but Croston community centre is not eligible for assistance under the Flood Re scheme and it has been quoted excess of £35,000. The future of the centre, which of course was a hub of activity in the floods, is now unviable. I know my hon. Friend is concentrating on long leaseholders, but does he have anything to say about that?

[John Stevenson]

I have some sympathy with what my hon. Friend says. In Carlisle, the sporting facilities were badly affected and they have ongoing issues with their insurance. She has raised a similar issue, which the Minister might wish to address when she sums up.

[Craig Whittaker (Calder Valley) (Con)]

My constituency, including several thousand homes and several thousand businesses, was also badly hit. Last weekend I met some residents of a block of 10 leasehold flats, next door to seven bungalows. The bungalows are eligible for Flood Re, but the 10 leasehold flats are not—one resident had bought a flat because they could not afford a bungalow. Does my hon. Friend agree that the £50,000 excess that each flat individually is being charged for flood insurance is excessive? Does he agree that Flood Re should be relooked at for that area of private residents?

[John Stevenson]

My hon. Friend is in many respects raising the very issue that I am about to deal with, so I obviously have a great deal of sympathy. Again, it will be interesting to hear what the Minister says about that point.

The real issue concerns long leaseholders who live in a property that is in effect their principal private residence—it is where they live, have their family and community, and so on. To all intents and purposes they are homeowners, but for a variety of legal and technical reasons they do not own the freehold—they are long leaseholders, but they do not own the freehold.

A group of long leaseholders will have a lessor, which is usually a management company. The management company owns the freehold and individuals take a lease on the property. Often the management company is in fact owned by the leaseholders. Leases may be for 999 years, and the freeholder is the management company, which would control it from there. They would be responsible for the communal areas, which could include grass cutting and roads, and may be responsible for parts of the fabric of the property, depending on the nature of the leasehold interests—whether it is a tenement flat going upwards or a group of properties next to each other. There will be variations, depending on the structure of the agreement at the outset. Interestingly enough, the landlord will be invariably responsible for ensuring that covenants between leaseholders are enforced to ensure that they comply with certain requirements under the terms of the leases.

It is interesting that the Flood Re legislation already allows for that set-up to a certain extent. It is allowed for properties of three flats, and three only. We could therefore have a situation where a landlord occupied one of the three properties—admittedly, they would have to live in one of them—and had another two on leasehold that are covered by Flood Re.

I will read from a letter from someone in the circumstances that I have raised. The freehold area is known as Willowbank, and he says:

“Willowbank is owned by a company, but that company is owned by the 29 leaseholders. The company has no income and no reserves. It makes no profit and pays no dividend. The two directors are paid neither a salary nor expenses.”

In many respects, Flood Re was there to help people like that. They are principal private occupiers who own their properties that are effectively freehold, but for whatever technical reason they are called leasehold and not covered by the legislation.

The legislation is meant to cover the whole of the United Kingdom, which includes Scotland, and in Scotland they have tenement blocks. As I understand it, the set-up under Scottish legislation is similar, but the tenement blocks, which are similar to the scenario I have set out, are covered by Flood Re legislation. I genuinely believe that it was not the intention of the legislation or of Parliament to exclude those I have described from Flood Re. I think the goal was to help secure the insurance requirements for people in those circumstances.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

I want to come in on the positive aspects of Flood Re. Having grown up in Carlisle, I would also like to say that it was horrific and heartbreaking to see so much of the city knee deep or worse in water. I hope that most people have fully recovered.

More positively, Flood Re has made a real difference to many in my constituency, who have seen reduced premiums, reduced excesses and insurance made available when it was not before. Notwithstanding my hon. Friend’s reservations, will he commend the Government on taking such positive action and remind them that many businesses are still worried and in need of help?

[John Stevenson]

I agree wholeheartedly with my hon. Friend. Flood Re has been a success. I have seen that in my constituency, where people now have confidence that their house will be insured. What I am trying to get at is a small group of people. In the setting I mentioned earlier, 29 houses were involved and in another scheme in Carlisle there are, I think, 68, but there will not be many other than those. I suspect that there will not be too many in such circumstances in the flood areas up and down the country, so most people will be able to get the appropriate cover, which, as she rightly says, is a positive.

[Mr Andrew Smith (Oxford East) (Lab)]

The hon. Gentleman is being generous in giving way. I, too, congratulate him on this important debate, which will be welcomed by his constituents and by everybody who has been seriously affected by flooding. Has he examined the proposal recently launched by the British Insurance Brokers Association that is intended for commercial properties and which I understand will also cover long lets? Is there not a danger, though, that because premiums are calculated on specifically targeted risk, they might end up as unaffordable for people in long-lease properties?

[John Stevenson]

The right hon. Gentleman raises an interesting point. I am aware of the proposal with regards to commercial properties, which may be a way forward for them. I have concentrated on a narrow point with regards to the circumstances surrounding Flood Re.

To conclude, will the Minister bring forward a constructive review of Flood Re? Will she consult Flood Re and the insurance industry? Will she listen to the concerns of homeowners in my constituency who genuinely feel that they are being let down by the legislation and are unable to get that security and insurance for flood? It is an ongoing concern for them that if we get another Storm Desmond, they will not necessarily have the money to refurbish their properties. I do not think that is the intention of the legislation. I hope the Minister will take on board the arguments that I have set out about the legislation and will acknowledge that there was an oversight, or that something was missed when it was considered, and that it would be appropriate to bring forward primary or secondary legislation to expand Flood Re to cover that small group. That would assist a small group of people in my constituency, but it would be hugely beneficial and give them confidence for the future.

Oral Answers to Questions

John Stevenson Excerpts

Thursday 7th July 2016 Commons Chamber

[John Stevenson (Carlisle) (Con)]

T2. Following the floods in Carlisle, I am concerned that a group of leaseholders will not be able to get insurance under Flood Re. They consist of 68 long leaseholders with a management company as the freeholder with responsibility for insurance. That management company has not been able to obtain insurance so far. Will the Minister look into the issue and consider amending the legislation if necessary?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rory Stewart)]

In addition to welcoming the shadow Secretary of State to her position, may I also welcome my friend the hon. Member for Newport West (Paul Flynn) to his position?

As for the flooding in Carlisle, my hon. Friend the Member for Carlisle (John Stevenson) is a great champion of his constituency. If there is an individual leasehold property, it would be covered with affordable insurance under Flood Re. Unfortunately, when there is a larger number of properties, such as the more than 60 properties that the landlord has in this case, it would be classified as commercial insurance and would require a bespoke, tailored commercial insurance product from the insurance industry. I am happy to look at the individual case, and the British Insurance Brokers Association is also coming up with tailored products exactly to address such commercial risks.

Flooding

John Stevenson Excerpts

Wednesday 6th January 2016 Commons Chamber

[John Stevenson (Carlisle) (Con)]

First, may I reiterate my thanks to not only the emergency services, but the families, friends, neighbours and communities who did so much during the floods to help the people of my constituency who were directly and, indeed, indirectly affected? I was also very pleased that the Prime Minister came to Carlisle immediately after the initial floods to see the issues for himself. That certainly set the tone within Government, and I fully recognise that Ministers have been up to Cumbria on a regular basis and have been very supportive, helpful and proactive in their response. I want to give particular mention to the floods Minister, my parliamentary neighbour the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Penrith and The Border (Rory Stewart), who has been extremely busy both as a Minister and in his own constituency.

I can only speak from my own experience of what the Government have done. I wrote to the Prime Minister immediately after the event, asking for support for the Cumbria Community Foundation. The Chancellor announced that the Government would give matched funding of £1 million, which has subsequently been increased to £2 million. I am very pleased that the foundation has also managed to raise £2 million itself, so we will have at least £4 million to help many families and individuals who have experienced great difficulties.

The Government have also introduced the Bellwin scheme, which is at 100%, not 85%, and announced £50 million to improve properties for future flood resilience and prevention; £5 million to support affected businesses; £40 million for transport infrastructure; and, of course, rate relief for both residential and business properties.

My office is already actively dealing with a number of queries from constituents as a result of the floods, which have had three principal effects on Carlisle. First, more than 2,000 residential properties have been affected—many, sadly, for the second time—but people have proved remarkably resilient and determined, and they are committed to getting back into their homes as quickly as possible. Secondly, it is vital that businesses recover as quickly as they can and get back up and trading, and that economic confidence returns to our city as soon as possible. Thirdly, education is often the forgotten sector, but three secondary schools and 3,000 pupils were affected, with one of those schools facing long-term issues. I am therefore very pleased that the Secretary of State for Education will visit, and I am grateful for her Department’s proactive support in responding to my calls for assistance.

A more long-term approach needs to be taken to the issue of flooding. The impact of flooding policy will affect many future Parliaments and Governments of different political colours. We should therefore consider long-term solutions, policies and initiatives to help our communities. The Government have already started that work with a six-year budget, and I welcome the announcement of a new Cumbrian floods partnership, which will consider all possible improvements to flood defences and flood prevention in Cumbria. Clearly, we need to look at all aspects—flood defences, prevention and resilience—and accept that there is no one solution for the whole country. Each area needs to be considered on an individual basis.

As for today’s motion, I have to say that I am disappointed with the Opposition’s approach. It would have been far better had they been more constructive and recognised that no policy or flood scheme is perfect and that there is a limit to the amount of resource that can be spent. Cumbria is a prime example of that. Under the last Labour Government, £50 million was spent on flood defences. Some of the defences worked and some did not. Was that the fault of the Labour Government? Let us have a constructive debate about the future of floods policy and do the right thing for our constituents.

Flooding

John Stevenson Excerpts

Tuesday 5th January 2016 Commons Chamber

[Elizabeth Truss]

We are investing £80 million in defences for the Humber. I know there are further ongoing discussions with local MPs. We have to ensure that through our £2.3 billion budget we are fair to people across the country. There is a formula for making determinations, and one thing we shall look at in the national resilience review is how that formula works and how funding is allocated. Until then, we have to make sure that we are fair using the existing formula.

[John Stevenson (Carlisle) (Con)]

I express my thanks to the Government and Ministers for their collective response to the floods. It was prompt, and I firmly believe it has been constructive and helpful to the people of Carlisle and Cumbria. However, will the Secretary of State give my constituents an assurance that not next week, not next month, but in six or 12 months’ time, she will ensure that the Government are still offering support and help that flooded communities and businesses might still need?

Climate Change and Flooding

John Stevenson Excerpts

Tuesday 15th December 2015 Commons Chamber

[Kerry McCarthy]

I want to make some progress now so that Back Benchers who want to speak about what happened in their constituencies will be able to do so.

Last week, the Environment Secretary agreed with me about the extreme weather patterns and the link with climate change. The Government have conceded that the risks might have been underestimated, yet it has now emerged that they are not even using the most up-to-date information. I hope that the Environment Secretary will be able to tell us why the Environment Agency’s flood risk guidance, published in 2013, is based on forecasts from 2006—despite new research in 2011 indicating that river flows could be much greater due to climate change. Flood defence plans are modelled on the medium climate scenarios rather than the high climate change pathway.

Perhaps the Government want to ignore the high emission scenarios because that would mean spending £300 million more, but the costs associated with ignoring the evidence are potentially so much greater. The national security risk assessment cites flood risk to the UK as a tier 1 priority risk, alongside terrorism and cyberattacks. By focusing on the more optimistic projections, the Government are wilfully neglecting their responsibilities on climate change mitigation and adaptation.

As the rest of the work acknowledged this weekend, simply ignoring climate change will not make it go away, yet for two years the UK was hampered by having a climate change denier as Environment Secretary. It is even rumoured that he sought to replace the words “climate change” with the word “weather” in every single DEFRA document, and that he had to have it explained to him that they were not quite the same thing. What is certainly true is that under his stewardship spending on climate change adaptation halved, even after DEFRA’s climate change staffing had dropped from 38 to six people.

Thankfully, the current Environment Secretary is less hostile on this issue, although perhaps not very interested until now, and she will have our full support if her adaptation policies are guided by the scientific evidence and by expert advice. As such, we look forward to hearing more details on the national flood resilience review. I welcome the confirmation that the Cumbrian floods partnership will be looking at upstream options, and I hope these will be included in the resilience review.

A focus on the role of the natural environment in reducing flood risk is, unfortunately, long overdue. I see in his place the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Penrith and The Border (Rory Stewart). His constituency was badly affected, and he did a huge amount of work on the ground in Cumbria over the past few weeks, so I am sure he has very much taken that point on board.

[John Stevenson (Carlisle) (Con)]

Talking of national resilience, does the hon. Lady think it was a failure of the last Labour Government not to have done exactly the same in 2005? In Carlisle, for example, we have a sub-station in a floodplain area that was flooded in 2005. Fortunately, due to the hard work of the emergency services, it was not flooded in 2015, but should it not have been looked at after 2005 with a view to possibly moving it?

[Kerry McCarthy]

We commissioned the Pitt review. The hon. Gentleman mentions the work of the emergency services, and I would like to take the opportunity to say that when I was in Cumbria I met the Fire Brigades Union and Mountain Rescue, which have done fantastic work. There are calls for the fire brigade’s response to flood risk to be put on a statutory footing, rather than just an add-on to its other duties. Mountain rescue teams do wonderful work based on the voluntary contributions and the work of volunteers. I hope that that will be looked at as part of the review.

--- Later in debate ---

[John Stevenson]

Does the hon. Gentleman agree that one of the priorities in the long run, beyond the work on the A591 and Pooley bridge, must be to invest in and renew our road infrastructure in Cumbria?

[Tim Farron]

The hon. Gentleman makes a very good point. He is doing an excellent job for his constituents in Carlisle. He is right that the investment now will help the county in the long run. I ask the Government to invest in making sure that the A591 is rebuilt and reopened in a matter of weeks, not months, because the current situation is devastating for the local economy.

There is also a plan on the table from Cumbria Tourism that the Government need to provide funding for right now. There is a short-term, immediate strategy—as in, today—to boost the economy up to Christmas through a marketing campaign and a medium-term campaign to make sure we get back on our feet.

Other parts of the Lake district have been hugely hit. The village of Staveley has been cut in two by the closure of its bridge. Again, we need support for that in weeks, not months. Likewise, the bridge that connects the two communities at Backbarrow, which was lost six years ago in 2009, is closed again and needs investment straight away to make sure it is reopened.

It is important that people get the message, and that the Government get out the message that Cumbria is open for business. I was in Grasmere yesterday. I cannot think of a more Christmassy place to be at this moment, but equally I cannot think of a quieter place. People are not going there because they think the place is closed. It is not. Please go there. Please will the Government get the message out that that is what people need to do?

I have a quick note about farmers. I am very concerned that the Government are planning to close the Lyth valley pumps in June. I was there yesterday and we cannot allow that to happen. Will the Government commit to funding the pumps beyond the end of June? Will they also commit to help farmers who have lost stock in tragic circumstances up and down the county? They must recognise that much of the money that goes into keeping the Lyth valley dry is about protecting infrastructure, which the hon. Member for Carlisle (John Stevenson) mentioned. The A590 is often flooded as a consequence of that farmland not being drained, so the pumps are important for infrastructure too.

I want to make a final point about the long-termism that is needed. We often hear the phrase “long-term economic plan”. The problem is that we had an autumn statement recently in which the Chancellor pulled out of his hat lots of white rabbits, but none of those white rabbits were for the Department of Energy and Climate Change, the Department for Environment, Food and Rural Affairs or the Department for Communities and Local Government. The three Departments that we desperately need to be on the frontline to protect people in Cumbria are massively denuded. We have local authorities—South Lakeland District Council, Cumbria County Council and others—working very hard and doing a very good job, but with about 20% less people and resources than they had six years ago. It is therefore vital that the Government commit to providing the £500 million that PricewaterhouseCoopers has identified so that we can rebuild our communities, support our damaged people and communities, get people back in their homes, and do so quickly.